Naco Sanitary District

Meeting

1/02/2026
NSD Business Office
1326 W. Highway 92 #13
Bisbee, Arizona 85603

Minutes

The regular meeting of the Naco Sanitary District was called to order at 10:09. Present were Charles Behney, Jesus Guerrero, and Stephen Dey. Luis Silva was excused and absent. Andrew Foster was absent.

Under Old Business, the minutes from the December 5, 2025, meeting were reviewed. There were no corrections nor additions. Mr. Dey moved to accept the minutes as written. Mr. Behney seconded the motion, which then passed unanimously.

Next, Mr. Behney reported that the Preliminary Planning Grant application for the USDA is approximately 80% complete. Financials will be added on Monday. Kimley-Horn will assist with the project schedule to prepare the grant for submittal by the end of next week.

Next on the agenda, the board discussed the approval of the Letter of Engagement for legal services from Denis Fitzgibbons of Fitzgibbons Law. There were no comments nor other changes from the board. Mr. Dey moved to approve the letter of engagement as written. Mr. Behney seconded the motion. The motion passed unanimously.

Next, the item regarding making Tanner Well Services the NSD preferred vendor was discussed. Mr. Dey suggested tabling this item until the next meeting to consult with the NSD attorney to conform with state statutes. Mr. Behney moved to table the motion, which was seconded by Mr. Dey. The item to table until the next meeting passed unanimously.

Mr. Behney has requested a quote from Matthew Tanner of Tanner Well Services for two new monitor wells due to compliance issues, as monitor wells number two and three is insufficient for accurate testing. The static levels for both wells are approximately 120 feet, with the pump base being one hundred and twenty five feet. The well column has insufficient water for certified testing.

Mr. Behney contacted Graham from Clear Creek to connect with Freeport regarding potential contributions for the new wells. WIFA and USDA grants and loans are also being pursued Mr. Dey suggested removing monitor well number three and potentially pond four, from an amended Aquifer Protection Permit. Mr. Behney agreed to provide this informaton regarding the Preliminary Engineering Review (PER) with Kimley-Horn.

Under comments, Mr. Dey raised a concern about rumored significant increases in sewer rates. Mr. Behney stated that property tax increases are likely due to the school and county raising their taxes, not the NSD, and the assessment report in February will provide more clarity.

The meeting adjourned at 10:25.

__________________________
Charles Behney, NSD Chair

 
12/05/2025
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Minutes

The regular meeting of the Naco Sanitary District was called to order at 10:06 AM. Present were Charles Behney, Jesus Guerrero, and Luis Silva and Stephen Day. Andrew Foster was absent. Mr. Ralph Garren was in attendance.

Under Old Business, the minutes for 11/07/2025 were discussed. The minutes from the November 7, 2025, meeting were discussed. Jesus Guerrero identified a spelling typo, which was noted and corrected. Charles Behney moved to approve the minutes as written with the typo corrected. Mr. Dey seconded the motion, which then passed unanimously.

Under New Business, Mr. Behney contacted Fitzgibbons Law from Casa Grande, recommended by Alma Andrate, the City Clerk in Douglas. The firm, whose attorney is Denis Fitzgibbons, handles municipal law for clients including the City of Winkleman and the City of Douglas. Mr. Fitzgibbons is scheduled to meet with the board in person the following week. A special meeting will likely be required for the board to review and vote on the contract terms before the next regular meeting.

Mr. Behney reported that progress on USDA grants and loans is affected by a federal government backlog and furloughs. The NSD is awaiting finalization of the SEARCH grant before writing the USDA Preliminary Planning Grant to complete the funding request for the NSD Prelminary Engineering Review. Dayitza Villalobos, the grant writer for the City of Douglas, has offered to assist with the preliminary planning grant at no cost to the NSD.

The NSD needs to drill two new monitor wells (Monitor Well Number Two and Monitor Well Number Three) deeper because the aquifer depth has dropped to 120 ft, which is only 5 ft above the well bottom for the existing pump, making it difficult to draw samples. Mr. Behney is seeking quotes for new wells. NSD plans to reach out to Freeport McMoran and the Arizona Water Company for possible donations since they share the wells for testing the aquifer. Mr. Dey noted that the water table has dropped significantly to 125 ft from its earlier depth of 95-100 ft, a concern that could also provide data to support the need for grants to upgrade the wells and testing of the aquifer. Tanner Well Service pulled the pump and interior pipe at Monitor Well Number Two. Nick Altamirano of Central Analytical Services has ordered a portable pump capable of reaching 150 ft to continue testing. Accelerated monitoring for nitrates continues in Monitor Well Number One. Mr. Behney confirmed that ADEQ (Arizona Department of Environmental Quality) has been notified of the issue, which may be caused by wastewater seeping through cracked concrete as part of an end-of-life issue with the wastewater treatment plant.

Mr. Behney discussed the letter sent to the Cochise County Board of Supervisors regarding the lack of due diligence for the Bisbee Effluent Plan. Mr. Tom Crosby called Mr. Behney and was impressed with the documents provided.

Mr. Ralph Garren, the office manager, reported that the accounting transition from Monika Patience is going well. There is adequate funding from tax revenues, although tax payments typically slow down through January and February and pick back up in March or April.

Mr. Behney read a letter of interest for the IT Administrator position from Samuel Garren, who is Security Plus certified and experienced with IT management, cyber security, and video conferencing.

Mr. Behney moved to consider Samuel Garren’s interest as acceptable and to hire him as the IT Administrator and new Clerk of the Board. Mr. Silva seconded the motion, which then passed unanimously.

Mr. Dey thanked Mr. Garren for taking on the bookkeeping and office responsibilities.

The meeting adjourned at 10:21 AM.

__________________________
Charles Behney, NSD Chair

Meeting

11/07/2025
NSD Business Office
1326 W. Highway 92 #13
Bisbee, Arizona 85603

Unapproved Minutes

The regular meeting of the Naco Sanitary District was called to order at 10:09 AM. Present were Charles Behney, Jesus Guerrero, and Luis Silva and Stephen Day. Andrew Foster was absent. Mr. Ralph Garren was in attendance.

Under Old Business, the minutes for 10/03/2025 were discussed. No corrections nor additions were made by the board. A motion to approve was made by Mr. Behney and seconded by Mr. Silva. The notion passed unanimously.

The search for legal services is ongoing. Mr. Behney has not heard back from Carl Sammartino nor Mary Judge Ryan. Mr. Behney suggested Lewis and Rocca as a potential law firm, but a local option is preferred. He plans to ask the Douglas City Manager for a referral for an attorney. Mr. Dey emphasized the necessity of having legal counsel for routine matters such as contract and grant reviews.

Next, the federal government shutdown and furlough are impacting USDA grants with employees unable to access emails nor conduct business. NADBank is not furloughed, but is also impacted. NSD qualifies for WIFA loans but needs the USDA SEARCH grant to match funds for the Preliminary Engineering Review. Kimley Horn is willing to do a full PER for $60,000.

The last test on Monitor Well Number One showed 6.5 parts per million for nitrates, which is below the actionable level of 10 parts per million. This has triggered an accelerated monthly test with ADEQ. Monitor Well Number Two is still experiencing problems. Mr. Matthew Tanner is scheduled to inspect MW#2 at 11:30 AM to potentially pull the pump so that a portable pump can be used for testing. NSD is now testing for halides and other chlorine byproducts as part of an improved testing regime. Mr. Dey noted that the water quality standard will soon change from total coliform to E. coli.

Under New Business, Mr. Ralph Garren was introduced as the new Office Manager, having purchased the business from Ms. Monika Patience. Ms. Patience will continue to assist NSD as necessary.

A motion to add Mr. Garren to the signature card for National Bank, the Cochise County Treasurer and Clerk of the Board was made by Mr. Behney and seconded by Mr. Silva. The motion passed unanimously.

The board then discussed the need to update the outdated NSD Bylaws to remove obsolete billing rules and add the property tax revenue. Mr. Behney suggested work sessions for this purpose.

Under Public Comments, Mr. Dey shared news about ADEQ and EPA grants for the distribution of 1000 DIY HEPA air filters and fans for Naco, Bisbee and Palominas. Mr. Behney confirmed efforts coordinated by Ms. Carolina Bracamonte of ADEQ that involves Cochise County School Superintendent Jaqui Clay and BUSD#2 School Superintendent Jennifer McBeth to educate students and help with distribution of the fan kits to local homes.

A motion to adjourn was made by Mr. Behney and seconded by Mr. Silva. The meeting adjourned at 10:43 AM.

__________________________
Charles Behney, NSD Chair

Meeting

10/03/2025
NSD Business Office
1326 W. Highway 92 #12
Bisbee, Arizona 85603

Minutes

The regular meeting of the Naco Sanitary District was called to order at 2:11 PM. Present were Charles Behney, Jesus Guerrero, and Luis Silva and Andrew Foster, Stephen Day was absent.

The minutes from the September 5, 2025, meeting were presented for approval. Charles Behney moved to approve the minutes as written. Luis Silva seconded the motion. The motion passed unanimously.

Legal services were discussed. Carl Sammartino, a property attorney with water experience, offered services at $300 per hour without a retainer. For General Municipal Work, a request has been made with Mary Judge Ryan and atttorney with decades of experience in Pima County. Mr. Behney will follow up with Juan Flores, a former city attorney for Douglas, to explore other options for legal counsel. The environmental justice attorney, Mrs. Adriene Hoffmeyr, did not respond, indicating a lack of interest.

The status of grants and loans amidst government furloughs was discussed. Mr. Behney reported on the impact of federal furloughs and shutdowns. The pending $30,000 USDA SEARCH grant is delayed due to the furlough of key personnel (Jeff Hooper and Michael Dean).

WIFA (Water Infrastructure Finance Authority for Arizona) grants and loans were confirmed to be unaffected by the shutdown. The district plans to pursue a preliminary application for loans and grants for monitor wells through WIFA.

Monitor Well Status: Victor Silva reported that Monitor Well #2 is functional for testing at half pressure, and Monitor Well #1 (the pump house well) is fully functional.

Monica Patience reported that the district is financially solvent. Taxes have begun to come in (approximately $3,000–$4,000). The district is utilizing a $20,000 credit line with the county, which will be automatically repaid upon the arrival of property taxes in November.

Action Items discussed were: Mr. Behney to call Nick Altamirano regarding water tests. Mr. Behney next moved to adjourn the meeting. Andrew Foster seconded the motion. The meeting adjourned at 2:18 PM.